Commonwealth Caribbean Public Law
Commonwealth Caribbean Public Law

Author: Albert Fiadjoe

Publisher: Taylor & Francis

Published: 2020-07-24

Total Pages: 301

ISBN-13: 1000159353

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Taking a critical look at the major areas of constitutional and administrative law, Commonwealth Caribbean Public Law places a firm emphasis on the protection of citizens' rights and good governance. The third edition of this book builds on the success of the previous two editions, setting-out the established legal principles through Caribbean cases, along with critique and commentary of the law where appropriate. Contemporary issues and changes in Caribbean public law are addressed including: the refining of the rules governing judicial review; recent cases dealing with the death penalty; and the likely impact on CARICOM initiatives on the rights of citizens.

Commonwealth Caribbean Administrative Law
Commonwealth Caribbean Administrative Law

Author: Eddy David Ventose

Publisher: Routledge

Published: 2013

Total Pages: 501

ISBN-13: 0415538734

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Commonwealth Caribbean Administrative Law comprehensively explores the nature and function of administrative law in contemporary Caribbean society. The text considers the administrative machinery of Caribbean States, Parliament, the Executive and the Judiciary, and examines the basis for judicial review of executive and administrative action in the Caribbean. The book will also examine how the courts on the Commonwealth Cariibeen have sought to define principles of administrative law.

International Human Rights Law in the Commonwealth Caribbean
International Human Rights Law in the Commonwealth Caribbean

Author: Angela D. Byre

Publisher: BRILL

Published: 2022-07-04

Total Pages: 415

ISBN-13: 9004479414

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This book brings together a unique collection of papers concerning the protection of human rights under Bills of Rights in Commonwealth Caribbean Countries and under regional and international human rights treaties. The papers have been prepared by distinguished judges, legal practitioners, government officers and members of non-governmental human rights organisations. The work demonstrates the relevance of international human rights law in domestic cases, and considers practical ways of strengthening effective protection of human rights through constitutional and international laws and mechanisms. The book is arranged on a thematic basis, with each chapter being devoted to papers and discussions on a particular human rights issue. The issues covered are: the use of available remedies; liberty and security of the person; the right to a fair trial; access to court; the right to life and human dignity; freedom of expression; equality before the law; freedom of association; the role of Governments and of non-governmental organisations in the protection and the promotion of human rights.

Commonwealth Caribbean Law and Legal Systems
Commonwealth Caribbean Law and Legal Systems

Author: Rose-Marie Belle Antoine

Publisher: Routledge

Published: 2008-06-03

Total Pages: 487

ISBN-13: 113533384X

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Fully updated and revised to fit in with the new laws and structure in the Commonwealth Caribbean law and legal systems, this new edition examines the institutions, structures and processes of the law in the Commonwealth Caribbean. The author explores: - the court system and the new Caribbean Court of Justice which replaces appeals to the Privy Council - the offshore financial legal sector - Caribbean customary law and the rights of indigenous peoples - the Constitutions of Commonwealth Caribbean jurisdictions and Human Rights - the impact of the historical continuum to the region's jurisprudence including the question of reparations - the complexities of judicial precedent for Caribbean peoples - international law as a source of law - alternative dispute mechanisms and the Ombudsman Effortlessy combining discussions of traditional subjects with those on more innovative subject areas, this book is an exciting exposition of Caribbean law and legal systems for those studying comparative law.

Judicial Review in the Commonwealth Caribbean
Judicial Review in the Commonwealth Caribbean

Author: Rajendra Ramlogan

Publisher: Routledge

Published: 2016-03-31

Total Pages: 344

ISBN-13: 1136775609

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The establishment of the Caribbean Court of Justice sees the countries of the Commonwealth Caribbean at an important and exciting judicial crossroads. Debate, often acrimonious, continues over the abolishment of ties to the Judicial Committee of the Privy Council and, increasingly those influencing the debate are a more educated and articulate Cari

Principled Reasoning in Human Rights Adjudication
Principled Reasoning in Human Rights Adjudication

Author: Se-shauna Wheatle

Publisher: Bloomsbury Publishing

Published: 2017-04-20

Total Pages: 251

ISBN-13: 178225983X

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Implied constitutional principles form part of the landscape of the development of fundamental rights in common law jurisdictions, affecting issues ranging from the remuneration of judges to the appropriation of property by the state. Principled Reasoning in Human Rights Adjudication offers thematic analysis of the use of the implied constitutional principles of the rule of law and separation of powers in human rights cases. The book examines the functions played by those principles in rights adjudication in Australia, Canada, the Commonwealth Caribbean, and the United Kingdom. It argues that a complete understanding of implied constitutional principles requires thoroughgoing analysis of the sources and methods of implication and of the specific roles played by such principles in the adjudicative process. By disaggregating particular functions and placing those functions within their respective institutional contexts, this book develops an understanding of the features of cases in which implied constitutional principles are invoked and the work done by those principles.

Comparative Executive Clemency
Comparative Executive Clemency

Author: Andrew Novak

Publisher: Routledge

Published: 2015-08-20

Total Pages: 218

ISBN-13: 131760265X

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Virtually every constitutional order in the common law world contains a provision for executive clemency or pardon in criminal cases. This facility for legal mercy is not limited to a single place in modern legal systems, but is instead realized through various practices such as a law enforcement officer’s decision to arrest, a prosecutor’s decision to prosecute, and a judge’s decision to convict and sentence. Doubts about legal mercy in any form as unfair, unguided, or arbitrary are as ubiquitous as the exercise of mercy itself. This book presents a comparative analysis of the clemency and pardon power in the common law world. Andrew Novak compares the modern development, organization, and practice of constitutional and statutory schemes of clemency and pardon in the United Kingdom, United States, and Commonwealth jurisdictions. He asks whether the bureaucratization of the clemency power is in line with global trends, and explores how innovations in legislative involvement, judicial review, and executive consultation have made the mercy and pardon procedure more transparent. The book concludes with a discussion on the future of the clemency and pardon power given the decline of the death penalty in the Commonwealth and the rise of the modern institution of parole. As a work concerned with the practice of mercy in the common law world, this book will be of great interest to researchers and students of international and comparative criminal justice and international human rights law.

Strengthening Ombudsman and Human Rights Institutions in Commonwealth Small and Island States
Strengthening Ombudsman and Human Rights Institutions in Commonwealth Small and Island States

Author: Victor Ayeni

Publisher: Commonwealth Secretariat

Published: 2000

Total Pages: 274

ISBN-13: 9780850926392

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This book looks at accountability, privatisation of government functions, the complaint handling process, systematic investigations, compliance issues and management concerns. It provides Caribbean case studies placed within a larger international context, illustrating the experience of developing small and island states in general. Issues and strategies relating to human rights protection and promotion in the Caribbean by ombudsman and related human rights issues are also explored. Published by the Commonwealth Secretariat in collaboration with the International Ombudsman Institute.